P.R. Laws tit. 32, § 3392

2019-02-20 00:00:00+00
§ 3392. Grounds; petition; parties

In case any person should usurp, or unlawfully hold or execute any public office or should unlawfully make use of any franchise, or likewise shall hold any office in any corporation created by and existing under the laws of Puerto Rico, or any public officer shall have done or suffered any act which, by the provisions of the law, involves a forfeiture of his office, or any association or number of persons shall act within Puerto Rico as a corporation, without being legally incorporated, or any corporation does or omits any act which amounts to a surrender or forfeiture of its rights and privileges as a corporation, or exercises rights not conferred by law, the Secretary of Justice, or any prosecuting attorney of the respective part of the Court of First Instance, either on his own initiative or at the instance of another person, may file before any part of the Court of First Instance of Puerto Rico a petition for an information [sic] in the nature quo warranto in the name of the Commonwealth of Puerto Rico; or whenever any corporation, by itself or through any other subsidiary or affiliated entity or agent, exercises rights, performs acts, or makes contracts in violation of the express provisions of the Constitution of Puerto Rico or any of its statutes, the Secretary of Justice or any prosecuting attorney, either on his own initiative or at the instance of another person, may file before the Supreme Court of Puerto Rico a petition for an information in the nature of quo warranto in the name of the Commonwealth of Puerto Rico; and if from the allegations such court shall be satisfied that there is probable grounds for the proceeding, the court may grant the petition and order the information accordingly. Where it appears to the court that the several rights of diverse parties to the same office or franchise may properly be determined on the same proceeding, the court may give leave to join all such persons in the same petition, in order to try their respective rights to such office or franchise.

When any corporation by itself or through any other subsidiary or affiliated entity or agent is unlawfully holding, under any title, real estate in Puerto Rico, the Commonwealth of Puerto Rico may, at its option, through the same proceedings, institute in its behalf the confiscation of such property, or the alienation thereof at public auction, within a term of not more than six (6) months counting from the date on which final sentence is rendered.

In every case, alienation or confiscation shall be through the corresponding indemnity as established in the Law of Eminent Domain, §§ 2901-2913 of this title.

History —Code Civil Proc., 1933, § 641; Aug. 7, 1935, No. 47, p. 530, § 1.